520-hour standard for cops may be amended

Kate Hessling, Tribune Staff Writer

Published 8:00 pm, Monday, April 27, 2009

UPPER THUMB— Lawmakers in both legislative chambers in Lansing have introduced legislation to amend a new standard requiring law enforcement officers work at least 520 hours a year to remain certified.

The 520-hour “Regular Employment Standard” was adopted in April 2008 by the Michigan Commission on Law Enforcement Standards (MCOLES).

MCOLES has estimated about 400 officers of the 26,000 in Michigan could lose their certification and ability to serve as police under the proposal, which goes into effect by 2012.

According to a statement given to the Huron Daily Tribune by a MCOLES representative Tuesday, the commission adopted the 520-hour requirement used to define “regular employment” after “careful research over several years, including extensive contacts across Michigan’s law enforcement community.”

“The commission intends to continue direct dialogue with those who oppose the commission’s Regular Employment Standard,” the statement continues.

Regarding the statutory remedies proposed in bills in both the Michigan House and Senate, “the commission is seriously evaluating those initiatives and the important role that legislation could play in producing a solution,” according to the MCOLES statement.

“It is our hope that we can identify a solution that will address the interests of those who object while, at the same time, maintaining the statutory responsibilities of the commission,” the statement adds.

Earlier this winter, numerous area police chiefs and county officials expressed opposition to the new standard, which was adopted in April 2008 and mandates part-time police officers work at least 25 percent as much as full-time officers.

“This would be devastating to the Caseville Police Department when attempting to schedule in the summer time,” said Caseville Police Chief Jamie Learman told the Tribune for a Dec. 17 article.

Learman said his department has 12 officers on the 2008 employee roster. Of those, 10 are part-time employees. None of the part-time employees who don’t have full-time or part-time law enforcement jobs elsewhere worked enough hours for the village of Caseville in 2008 to meet that 520 hour minimum MCOLES set in April.

He explained having an arsenal of part-time employees on the department’s roster helps the village avoid costs incurred by hiring a third full-time employee.

“The Village of Caseville is not in a financial position to employ a third full-time employee because of the health insurance costs and additional benefits that are entitled to a full-time employee,” Learman said.

Other area chiefs who previously expressed concerns with the 520-hour standard included Dale Hartsell, of the Port Austin Police Department, and Robert Bensinger, of the Owendale Police Department.

Not all local law officials were opposed to the new requirement, however, including Harbor Beach Police Chief Sid Schock, who told the Tribune he felt there are instances that require officers to have more than a minimum of experience.

“There are situations where you need to arrest people and make decisions that have quite an impact on someone’s life,” he explained in December 2008. “So you probably want to have someone with a little more experience than the (bare) minimum.”

Also earlier this winter, Huron County Commissioners discussed the new requirement and expressed concerns the changes would result in significant harm to local communities because of the loss of experienced and qualified part-time police officers.

It was hoped the Legislature would intervene to create legislation addressing these concerns with the new standard.

In the House, that legislation is in the form of a bill introduced earlier this month by State Rep. Goeff Hansen, (R-Hart), who wants small, rural police departments to have the ability to ask for a waiver to allow the continued use of part-time officers so local governments don’t have to trim public safety in their shrinking budgets.

“Many communities employ part-time officers to supplement and enhance small departments to expand public safety and protection in their towns,” said Hansen said in a April 6 statement. “Local leaders have built strong services using part-time officers at affordable costs to taxpayers and the MCOLES proposal could end that option."

Hansen’s legislation states if the commission adopts a minimum number of employment hours for officers, it also must implement a waiver process for communities that can show just cause for using officers whose annual hours do not meet that minimum.

In the Senate, State Sen. Cameron S. Brown, (R-Fawn River Township), introduced a bill last week that amends the “Commission on Law Enforcement Standards Act” by stating “regularly employed” means “ to be employed by a police force or law enforcement agency for more than 120 hours annually.”

The bill, SB 449, goes on to state, “However, if any law enforcement agency can demonstrate to the commission that the law enforcement agency would be unduly burdened by the requirement that its officers be employed for more than 120 hours annually, the commission may grant a waiver of that requirement to that law enforcement agency.”

State Rep. Terry Brown (D-Pigeon) said he is in favor of a standard that’s less restrictive than the 520 hours proposed by MCOLES last spring.

“I support the ability for our local folks to be able to hire folks that may be less than full time,” the Pigeon Democrat said Monday. “And to do that, you have to make sure the training requirements (and hour minimums) are adequate, but not in a way that is so restrictive we won’t be able to hire people.”

“We can’t leave these rural communities hanging out to dry … by making these requirements so high that we can’t find people to do these jobs,” Brown added.